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Would probably depend on your state laws and the situation. Someone mentioned 95lb female vs 250lb guy. One could make an argument that hands, feet, and teeth can be very effective weapons, remember the man in florida that got his face eaten off and his eyes gouged out by the unarmed naked man in miami?
In my opinion it would justify brandishing the firearm and commanding them to stop. Give them very clear warning that they will be shot if they do not lay down on the ground, if they persist and you still fear for your safety its time to start shooting.
A lawyer would be a better source of advice, but if you made an active effort to get away and tell them what is about to happen if they do not stop, I would hope that the law is on your side and not the attacker.
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